Australias minister for foreign affairs, Penny Wong, hasannouncedAustralia will return to use of the term occupied Palestinian territories.

The Australian government will use this phrase to describe the territories in the West Bank and Gaza that Israeloccupiedin 1967.

Australian officials have generallyavoidedthe use of occupied and occupation in relation to Palestine since 2014.

This move by Australia is an important means of signalling condemnation of Israels expansion of illegalsettlementson Palestinian lands. It reorients Australia towards the orthodox position on the occupation under international law.

It has beenreportedthat some at the upcoming Labor national conference will agitate for the government to recognise Palestinian statehood.

Former Labor foreign minister Gareth Evansarguesthe time is right for the government to make such a move. He notes that 138 of the UNs 193 member states have already done so.

There is no legal bar to Australia recognising Palestine as a state. Rather, it would be apolitical decision for the government of the day, aimed at promoting the long called-fortwo-state solution.

The position under international law

Since the United Nations (UN) was established in 1945, the status of Palestine has been a perennial question of modern international law. The UN General Assembly and Security Council have resolved that Israel violates theprohibitionon the use of force through its occupation of Palestinian territories. Palestine has held the special status of non-member observer state in the UN since 2012.

In 2004, the International Court of Justice (ICJ) gave an advisory opinion on the implications of Israels construction of a wall in the occupied Palestinian territories. The ICJconcludedthe wall served to protect illegal settlements, shore up annexation of Palestinian lands and deny self-determination for the Palestinian people.

The UNs longstanding condemnation of Israels occupation was reasserted in a General Assemblyresolutionon December 30 2022. The resolution noted Israels obligations, as the occupying power, to:

• comply with the Geneva Conventions on the protection of civilians during war
• cease violating the human rights of the Palestinian people
• cease efforts to modify Palestinian territory through illegal settlements, and bring an end to the occupation
• stop construction and dismantle the wall it has been constructing in the occupied territories
• respect the right to self-determination of the people of Palestine and the territorial unity of the occupied territories
• end the blockade of the Gaza strip and other onerous limitations on freedom of movement for people and goods

The General Assembly also took the significant step of requesting a new advisory opinion from the ICJ on the legal implications of Israels continuing occupation. In January 2023 the UN secretary-general submitted the followingquestionsto the ICJ:

1. What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures?
2. How do the policies and practices of Israel [] affect the legal status of the occupation, and what are the legal consequences that arise for all States and the United Nations from this status?

The ICJ is now reviewing submissions by UN member states on these questions. It is likely some submissions will explicitly raise the question of whether Israels policies and practices in Palestine amount to the crime ofapartheid.

What happens now?

The ICJs eventual advisory opinion will not be abindingdecision on Israel. However, it will be an authoritative view by the world court. Based on extensive precedent in international law and practice, the ICJ will surely conclude that Israel remains in illegal occupation of Palestine.

The Australian governments reorientation on the status of Palestine is aligned with international law and state practice. Australia, along with all UN member states, isobligedto promote respect for international law and universal human rights.

First published in THE CONVERSATION August 9, 2023